Brisbane Baylands Community Advisory Group EIR PROCESS AND PUBLIC HEALTH AND SAFETY ISSU

2. Introduction Lead Agency City of Brisbane John Swiecki, Principal Planner Bill Prince, Community Development Director Randy Breault, Public Works Director EIR Consultant Team: ESA Dan Wormhoudt, ASLA, Project Director Joan Douglas-Fry, AICP, Project Manager CDM John �Yash� Nyznyk, P.E., Principal Kassandra Tzou, P.E., Project Manager

3. Baylands Site Aerial Photo

4. The CEQA Process California Environmental Quality Act (CEQA) Notice of Preparation and EIR Process: CEQA Guidelines �15080 to 15097 A project under CEQA is �an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. (CEQA Guidelines �15064(d).) A Plan may be a project under CEQA. Significant effect on the environment is a substantial or potentially substantial, adverse change in any of the physical conditions within the area affected by the project. (CCR �15382; CEQA Guidelines �15064(d)(1,2,3); (e).)

5. Environmental Analyses in EIR The CEQA Guidelines Appendix G Checklist identifies 17 topics for analysis, including: III. Air Quality Greenhouse Gas Emissions, Climate Change VII. Hazards and Hazardous Materials Soil, Groundwater Remediation Issues VIII. Hydrology/Water Quality Climate Change, Flooding Issues

6. Significance Criteria Thresholds of Significance � an identifiable, quantitative, qualitative or performance level of a particular environmental effect. (CEQA Guidelines 15064.7(a)) Levels of significance include: Less than Significant Impacts Less than Significant Impacts with Mitigation Significant and Unavoidable Impacts

7. Programmatic vs. Project Level EIR A Programmatic EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related by geography, actions, rules, regulations, plans or other general criteria, or as individual activities under the same statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. Provides more comprehensive consideration of effects, alternatives, and cumulative impacts. Allows the lead agency to consider broad policy alternatives and program-wide mitigation measures early in the process. (CEQA Guidelines � 15168(a)(b))

8. Programmatic vs. Project Level EIR (cont.) Use of the Program EIR enables the Lead Agency to characterize the overall program as the project being approved at that time. When individual activities within the program are proposed, the lead agency is required to examine the individual activities to determine whether their effects were fully analyzed in the Program EIR. If not, supplemental CEQA documentation may be required.

9. Purpose of EIR Site characterization is separate from the EIR; the EIR is not a site characterization study. EIR will use site characterization to describe the environmental setting for the project. EIR does not establish policy or implement mitigation program. EIR must disclose significant impacts and identify feasible mitigation and alternatives that would reduce the impacts identified. EIR provides the basis to establish a Mitigation Monitoring and Reporting Program (MMRP) that outlines who will be responsible for mitigation. City can enforce these actions or require responsible agencies to enforce.

10. EIR Certification City of Brisbane Planning Commission and City Council will consider Final EIR to determine: If EIR adequately evaluates and discloses impacts If reasonable alternatives have been thoroughly evaluated Up to five alternatives to be included in EIR Two alternatives to be evaluated at the same level of detail in this EIR If all feasible mitigation is included. If EIR is determined to be adequate, City Council will a) certify EIR, b) adopt findings which may include Statement of Overriding Considerations for Significant Unavoidable Impacts, and c) adopt MMRP.

11. Mitigation Monitoring and Reporting Program CEQA Statute �21081.6(a)(1) states: The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation.

12. Mitigation Monitoring and Reporting Program (cont.) CEQA Statute � 21081.6(b): A public agency shall provide that measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements, or other measures. Conditions of project approval may be set forth�by incorporating the mitigation measures into an adopted plan, policy, regulation or project design. In addition, Lead agency can include mitigation measures that exceed regulatory or industry standards. MMRP is adopted/certified separately from EIR, usually at the time of certification of the Final EIR.

13. Example-Mitigation Monitoring and Reporting Program

14. Brisbane Baylands

15. Brisbane Landfill Technical Issues Affecting Development Limits of Waste Landfill Settlement Leachate Seeps Landfill Gas Generation Landfill Remedial Action Elements Final Landfill Cover System Landfill Gas Control System Surface Water Management System Technical Issues

16. Landfill Closure Elements

17. Soil and Groundwater Contamination OU-1 � Remedial Action Elements Groundwater Extraction Low Permeability Soil Cover OU-2 � Remedial Action Elements Soil Excavation Low Permeability Soil Cover Technical Issues (cont.)

18. CEQA & Site Closure Processes CEQA Process Notice of EIR Preparation Draft EIR Final EIR Statement of Findings and Overriding Considerations Mitigation, Monitoring, and Reporting Plan (MMRP) Landfill Regulatory Closure Additional Studies Final Closure Plan Final Post Closure Monitoring & Maintenance Plan Revised WDR Closure Implementation Risk Assessment for Post Closure Development Plan Post Closure Development Plan

19. Citizen Guide fact sheets on remediation technologies: www.clu-in.org/remed1.cfm Federal Remediation Technologies Roundtable: www.frtr.gov/costperfo.htm Additional Sources for General Information

20. Thank You Questions and Comments